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Appeals court to hear sports betting arguments
Breaking Legal News | 2009/08/24 09:17
A federal appeals court in Philadelphia will decide whether sports betting in Delaware should be put on hold until a legal challenge by professional sports leagues and the NCAA is decided.

The court will hear arguments Monday over a judge's denial of an injunction that would have stopped betting from beginning next month.

Attorneys for Delaware say the leagues have not met the requirements for an injunction. A trial on whether the betting would violate federal law or the state constitution is to begin in December.

Delaware is exempt from a federal ban on sports betting because it ran a sports lottery in 1976. But the leagues argue that the exemption doesn't allow Delaware to offer bets on single games or on sports other than professional football.



BofA's Countrywide loses court ruling on mortgages
Breaking Legal News | 2009/08/24 07:19

A federal judge has ruled that Bank of America Corp cannot have a lawsuit by investors seeking to force it to buy back mortgages heard in federal court, saying he lacks jurisdiction to decide the case.


Tuesday's ruling by Judge Richard Holwell of the U.S. District Court in Manhattan means the case will move to state court. Holwell did not decide the merits of the case.

"Congress passed two statutes within a year of each other to address the mortgage crisis," the judge wrote. "In neither of these statutes did Congress federalize the case."

The ruling is a win for investors, to the extent that Holwell rejected a claim by the bank's Countrywide Financial Corp unit that new federal laws to encourage loan modifications to help struggling borrowers stay in their homes govern this case.



Trial of Texas judge over death-row appeal ends
Breaking Legal News | 2009/08/21 11:46
The misconduct trial of a Texas judge who refused to keep her court open for lawyers trying to stop an execution that night ended Thursday with her attorneys insisting she did nothing wrong.

Judge Sharon Keller, the presiding judge of the Texas Court of Criminal Appeals, watched from her defense table while her attorney denounced accusations that she closed her court to death-row inmate Michael Wayne Richard as meritless and outrageous.

"Judge Keller didn't close the court to anybody," said Chip Babcock, Keller's attorney. "Michael Richard's lawyers never knocked on the right doors and they gave up."

Mocked as "Sharon Killer" by her detractors, Keller could be removed from the bench if the five judicial misconduct charges against her are upheld. At the heart of the charges is whether Keller denied Richard the ability to file a late appeal in the hours before his Sept. 25, 2007 execution.

Babcock's closing presentation, at times theatrical, was delivered as forcefully as Keller's unrepentant testimony earlier in the trial. He ended by going after those he said helped put the career of the state's highest criminal appeals judge in jeopardy: death-penalty critics.



Court: Religious items OK in Conn. postal facility
Breaking Legal News | 2009/08/21 10:48
An appeals court has reversed a federal judge's order that religious displays be removed from a Connecticut store that offers postal services.

In a decision released Thursday, the 2nd U.S. Circuit Court of Appeals says Sincerely Yours Inc. in Manchester is not a classified post office and doesn't need to be regulated like one.

The business is a contract postal unit operated by the Full Gospel Interdenominational Church.

The court says only the postal counter, boxes and shelving units must be cleared of religious material. The court says "a visual cue" should distinguish the postal facility from the ministry space.

In 2003, a customer sued the U.S. Postal Service and the local postmaster. The customer claimed the religious signs, prayer cards and church-related videos constituted a government endorsement of religion.



Ore. court rejects car salesman in ethics appeal
Breaking Legal News | 2009/08/21 10:47
A manager at an Oregon car dealership said he was fired because he insisted on being an honest salesman. The state supreme court disagreed Thursday.

Kevin Lamson argued he was wrongfully discharged from Crater Lake Motors in Medford after he told his bosses he wanted no part of a sales campaign that he believed included deceptive ads and sales practices.

Lamson sued the dealership and won in trial court, but the Oregon Supreme Court reversed the decision. It said in a unanimous opinion Thursday that there was no evidence to support Lamson's claim he was fired for reporting the practices.

He had been at the dealership for 15 years when Crater Lake Motors contracted with another company, Real Performance Marketing, to hold a special weeklong sales event for used cars.

Lamson said he observed sales tactics he believed to be unethical and illegal, including "payment packing" by inflating monthly payments with life insurance and service contracts without the customer's knowledge.

When the dealership decided to hold a second sales event with the same company, Lamson complained to upper management in person and in two letters.



NYC judge returns investor lawsuits to state court
Breaking Legal News | 2009/08/21 06:46
A judge has rejected mortgage lender Countrywide Financial's effort to have some investor lawsuits heard in federal court.

Judge Richard Holwell in Manhattan concluded in a decision released Tuesday that Congress did not intend for a federal court to hear a dispute over the mortgage lender's promise to buy back modified loans from investors. He returned the case to state court.

Holwell wrote that it was tempting to find federal jurisdiction every time a multibillion dollar case with national implications arrives at the court's doorstep. But he said the decision is ultimately left up to Congress.

Holders of mortgage-backed securities sued Countrywide in December. Shirley Norton, a spokeswoman for Bank of America Corp., Countrywide's parent company, said the company will appeal the decision.



Court tosses Calif. law on payments to Armenians
Breaking Legal News | 2009/08/21 05:47
A federal appeals court invalidated a California law Thursday that allowed heirs of Armenians killed in the Turkish Ottoman Empire nearly a century ago to seek payment on the life insurance policies of dead relatives.

The 9th U.S. Circuit Court of Appeals said the law amounted to unconstitutional meddling in U.S. foreign policy.

It based its 2-1 ruling on a 2003 U.S. Supreme Court decision that struck down another California law designed to help Holocaust survivors collect on Nazi-era insurance policies.

The federal government does not recognize the mass killings of Armenians during World War I as genocide, but the California Legislature did in 2000 when it enacted the disputed law.

About half of the people of Armenian descent living in this country reside in California.

Lawyer Brian Kabateck, who represents Armenian-American heirs, plans to appeal.

"The ruling is wrong. It's a disaster," Kabateck said. "The one million Armenians that live in California today have been told by the court that even the use of the word 'genocide' by a government is illegal."



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